STATUTES AND REGULATIONS

STATUTES AND REGULATIONS

The full text of Nevada Revised Statutes (NRS) and Nevada Administrative Code (NAC) can be found at: http://www.leg.state.nv.us/

The full text of federal statutes (laws), also known as the U.S. Code (U.S.C. or U.S.C.A.), or federal rules, also known as the Code of Federal Regulations (C.F.R.), may be found through many internet cites, one of which is: http://www.law.cornell.edu/

The full text of any cases cited in this chapter may be found through the county legal library or through the UNLV legal library.

NEVADA STATE STATUTES referenced

NRS 49.215 Definitions. As used in NRS 49.215 to 49.245, inclusive:

1. A communication is "confidential" if it is not intended to be disclosed to third persons other than:

(a) Those present to further the interest of the patient in the consultation, examination or interview;

(b) Persons reasonably necessary for the transmission of the communication; or

(c) Persons who are participating in the diagnosis and treatment under the direction of the doctor, including members of the patient´s family.

2. "Doctor" means a person licensed to practice medicine, dentistry or osteopathic medicine in any state or nation, or a person who is reasonably believed by the patient to be so licensed, and in addition includes a person employed by a public or private agency as a psychiatric social worker, or someone under his guidance, direction or control, while engaged in the examination, diagnosis or treatment of a patient for a mental condition.

3. "Patient" means a person who consults or is examined or interviewed by a doctor for purposes of diagnosis or treatment.

NRS 49.225 General rule of privilege.

A patient has a privilege to refuse to disclose and to prevent any other person from disclosing confidential communications among himself, his doctor or persons who are participating in the diagnosis or treatment under the direction of the doctor, including members of the patient's family.

(Added to NRS by 1971, 785)

NRS 129.060 Sexually transmitted disease: Examination or treatment authorized without consent of parent or guardian. Notwithstanding any other provision of law, the consent of the parent, parents or legal guardian of a minor is not necessary in order to authorize a local or State Health Officer, licensed physician or clinic to examine or treat, or both, any minor who is suspected of being infected or is found to be infected with any sexually transmitted disease.

NRS 202.240 Advertising treatment, cure or prevention of sexual disorders.

1. It is unlawful for any person to publish or cause to be published, to deliver or distribute or cause to be delivered or distributed in any manner whatsoever, or to post, or display, or knowingly to permit to be posted, displayed, or to remain on any buildings, windows or outhouses, or

premises or other surface owned or controlled by him in the State of Nevada, or to manufacture or sell, or knowingly to have displayed in or on any window or place where the same could be read by passers‑by or the public, any advertisement, label, statement, print or writing which refers to any person or persons from whom, or to any means by which, or to any office or place at which may be obtained any treatment or cure of syphilis, gonorrhea, chancroid, lost manhood, sexual weakness, lost vitality, impotency, seminal emissions, gleet, varicocele or self‑abuse, whether described by such names, words, terms or phrases, or by any other names, words, terms or phrases, calculated or intended to convey to the reader the idea that any of the diseases, infirmities, disabilities, conditions or habits are meant or referred to, or which refers to any

medicine, article, device or preparation that may be used for the treatment, cure or prevention of any of the diseases, infirmities, disabilities, conditions or habits mentioned in this section.

2. Any person violating any of the provisions of this section is guilty of a misdemeanor.

3. This section does not apply to publications, advertisements or notices of the United States Government, the State of Nevada or of any city or town or other political subdivision of the State of Nevada.

NRS 439.240 State hygienic laboratory: Maintenance by University of Nevada School of Medicine; purpose of laboratory; qualifications of person in charge of laboratory; reports of investigations.

1. The University of Nevada School of Medicine shall maintain the state hygienic laboratory, heretofore established pursuant to the provisions of chapter 230, Statutes of Nevada 1909, and may establish and maintain such branch laboratories as may be necessary.

2. The purpose of the state hygienic laboratory is:

(a) To make available, at such charges as may be determined upon, to health officials and licensed physicians of the state proper laboratory facilities for the prompt diagnosis of communicable diseases.

(b) To make necessary examinations and analyses of water, natural ice, sewage, milk, food and clinical material.

(d) To undertake such other technical and laboratory duties as are in the interest of the health of the general public.

3. The person in charge of the state hygienic laboratory, or his designee, must be a skilled bacteriologist.

4. The person in charge of the state hygienic laboratory may have such technical assistants as that person, in cooperation with the University of Nevada School of Medicine, considers necessary.

5. Reports of investigations conducted at the state hygienic laboratory may be published from time to time in bulletins and circulars.

NRS 439.270 Physician to report to health division name, age and address of person diagnosed as epileptic.

1. The State Board of Health shall define epilepsy for the purposes of the reports hereinafter referred to in this section.

2. All physicians shall report immediately to the health division, in writing, the name, age and address of every person diagnosed as a case of epilepsy.

3. The health division shall report, in writing, to the department of motor vehicles and public safety the name, age and address of every person reported to it as a case of epilepsy.

4. The reports are for the information of the department of motor vehicles and public safety and must be kept confidential and used solely to determine the eligibility of any person to operate a vehicle on the streets and highways of this state.

5. A violation of this section is a misdemeanor.

[1:269:1953] + [2:269:1953] + [3:269:1953] + [4:269:1953] + [5:269:1953]-(NRS A 1957, 630; 1963, 941; 1985, 1990)

NRS 440.010 "Board" defined.

As used in this chapter, "Board" means the State Board of Health.

NRS 440.020 "Dead body" defined.

As used in this chapter, "dead body" means a lifeless human body, or such severed parts of the human body or the bones thereof, from the state of which it reasonably may be concluded that death had recently occurred, and where the circumstances under which such dead body was

found indicate that the death has not been recorded.

NRS 440.025 "Human remains" and "remains" defined.

As used in this chapter "human remains" or "remains" means the body of a deceased person, and includes the body in any state of decomposition and the cremated remains of a body.

NRS 440.030 "Live birth" defined.

As used in this chapter, "live birth" means a birth in which the child shows evidence of life after complete birth. A birth is complete when the child is entirely outside the mother, even if the cord is uncut and the placenta still attached. The words "evidence of life" include heart action, breathing or coordinated movement of voluntary muscle.

NRS 440.060 "State Registrar" defined.

As used in this chapter, "State Registrar" means the State Registrar of vital statistics.

NRS 440.070 "Stillbirth" defined.

As used in this chapter, "stillbirth" means a birth after at least 20 weeks of gestation, in which the child shows no evidence of life after complete birth.

NRS 440.080 "Vital statistics" defined.

As used in this chapter, "vital statistics" means records of birth, legitimation of birth, death, fetal death, marriage, annulment of marriage, divorce and data incidental thereto.

NRS 440.090 Requisites of certificates.

All certificates, either of birth, death or stillbirth, shall be written legibly, in unfading black ink, or typewritten, and no certificate shall be held to be complete and correct that does not supply all of the items of information called for, or satisfactorily account for their omission.

[Part 14:199:1911; A 1941, 381; 1931 NCL 5248]

NRS 440.100 Persons required to furnish information.

All physicians, registered nurses, midwives, informants or funeral directors, and all other persons having knowledge of the facts, shall furnish such information as they may possess regarding any birth or death upon demand of the State Registrar, in person, by mail, or through the local health officer.

NRS 440.220 Certificates of birth and death: Enforcement of requirements by local health officer.

1. If any certificate of death is incomplete or unsatisfactory, the local health officer shall call attention to the defects in the return and withhold issuing the burial or removal permit until the defects are corrected.

2. If any certificate of birth is incomplete, the local health officer shall immediately notify the informant, and require him to supply the missing items if they can be obtained.

NRS 440.270 Immediate registration required.

All births that occur in this state shall be registered immediately in the registration districts in which they occur, pursuant to this chapter.

NRS 440.280 Duty of registering birth: Persons required to file; time for filing; required information.

1. If a birth occurs in a hospital or the mother and child are immediately transported to a hospital, the person in charge of the hospital or his designated representative shall obtain the necessary information, prepare a birth certificate, secure the signatures required by the certificate and file it within 10 days with the health officer of the registration district where the birth occurred. The physician in attendance shall provide the medical information required by the certificate and certify to the fact of birth within 72 hours after the birth. If the physician does not certify to the fact of birth within the required 72 hours, the person in charge of the hospital or his designated representative shall complete and sign the certification.

2. If a birth occurs outside a hospital and the mother and child are not immediately transported to a hospital, the birth certificate must be prepared and filed by one of the following persons in the following order of priority:

(a) The physician in attendance at or immediately after the birth.

(b) Any other person in attendance at or immediately after the birth.

(c) The father, mother or, if the father is absent and the mother is incapacitated, the person in charge of the premises where the birth occurred.

3. If a birth occurs in a moving conveyance, the place of birth is the place where the child is removed from the conveyance.

4. In cities, the certificate of birth must be filed sooner than 10 days after the birth if so required by municipal ordinance or regulation.

5. If the mother was:

(a) Married at the time of birth, the name of her husband must be entered on the certificate as the father of the child unless:

(1) A court has issued an order establishing that a person other than the mother’s husband is the father of the child; or

(2) The mother and a person other than the mother’s husband have signed an affidavit for the voluntary acknowledgment of paternity developed by the Board pursuant to NRS 440.283.

(b) Widowed at the time of birth but married at the time of conception, the name of her husband at the time of conception must be entered on the certificate as the father of the child unless:

(1) A court has issued an order establishing that a person other than the mother’s husband at the time of conception is the father of the child; or

(2) The mother and a person other than the mother’s husband at the time of conception have signed an affidavit for the voluntary acknowledgment of paternity developed by the Board pursuant to NRS 440.283.

6. If the mother was unmarried at the time of birth, the name of the father may be entered on the original certificate of birth only if:

(a) The provisions of paragraph (b) of subsection 5 are applicable;

(b) A court has issued an order establishing that the person is the father of the child; or

(c) The mother and father of the child have signed an affidavit for the voluntary acknowledgment of paternity developed by the Board pursuant to NRS 440.283. If both the father and mother execute an affidavit consenting to the use of the surname of the father as the surname of the child, the name of the father must be entered on the original certificate of birth and the surname of the father must be entered thereon as the surname of the child.

7. An order entered or an affidavit executed pursuant to subsection 6 must be submitted to the local health officer, his authorized representative, or the attending physician or midwife before a proper certificate of birth is forwarded to the State Registrar. The order or affidavit must then be delivered to the State Registrar for filing. The State Registrar’s file of orders and affidavits must be sealed and the contents of the file may be examined only upon order of a court of competent jurisdiction or at the request of the father or mother or the welfare division of the department of human resources as necessary to carry out the provisions of 42 U.S.C. § 654a. The local health officer shall complete the original certificate of birth in accordance with subsection 6 and other

provisions of this chapter.

8. As used in this section, "court" has the meaning ascribed to it in NRS 125B.004.

NRS 440.340 Registration of stillborn children.

1. Stillborn children or those dead at birth shall be registered as a stillbirth and a certificate of stillbirth shall be filed with the local health officer in the usual form and manner.

2. The medical certificate of the cause of death shall be signed by the attending physician, if any.

3. Midwives shall not sign certificates of stillbirth for stillborn children; but such cases, and stillbirths occurring without attendance of either physician or midwife, shall be treated as deaths without medical attention as provided for in this chapter.

NRS 440.380 Medical certificate of death: Signature; contents.

1. The medical certificate of death must be signed by the physician, if any, last in attendance on the deceased, or pursuant to regulations adopted by the Board, it may be signed by the attending physician’s associate physician, the chief medical officer of the hospital or institution in which the death occurred, or the pathologist who performed an autopsy upon the deceased. The person who signs the medical certificate of death shall specify:

(a) The social security number of the deceased.

(b) The hour and day on which the death occurred.

(c) The cause of death, so as to show the cause of disease or sequence of causes resulting in death, giving first the primary cause of death or the name of the disease causing death, and the contributory or secondary cause, if any, and the duration of each.

2. In deaths in hospitals or institutions, or of nonresidents, the physician shall furnish the information required under this section, and may state where, in his opinion, the disease was contracted.

NRS 440.430 Duties of coroner.

1. Any coroner whose duty it is to hold an inquest on the body of any deceased person, and to make the certificate of death required for a burial permit, shall state in his certificate the name of the disease causing death, or, if from external causes:

(a) The means of death; and

(b) Whether (probably) accidental, suicidal or homicidal.

2. In either case, the coroner shall furnish such information as may be

required by the Board in order to classify the death properly.

NRS 440.720 Neglect or refusal of physician to execute medical certificate of death.

Any physician who was in medical attendance upon any deceased person at the time of death who neglects or refuses to make out and deliver to the funeral director, sexton or other person in charge of the interment, removal or other disposition of the body, upon request, the medical certificate of the cause of death shall be punished by a fine of not more than $250.

NRS 440.780 Violation of chapter or regulations of Board.

Every person violating any of the provisions of this chapter or refusing or neglecting to obey any lawful order, rule or regulation of the Board shall be guilty of a misdemeanor.

NRS 440.100 Persons required to furnish information. All physicians, registered nurses, midwives, informants or funeral directors, and all other persons having knowledge of the facts, shall furnish such information as they may possess regarding any birth or death upon demand of the State Registrar, in person, by mail, or through the local health officer.

NRS 440.130 Preparation and distribution of forms and blanks; charge for blank certificate.

1. The Board shall prepare, print and supply to all local health officers all blanks and forms used in registering, recording and preserving the returns, or in otherwise carrying out the purposes of this chapter.

2. The State Registrar shall charge for each blank certificate of birth, death or stillbirth a fee of $1.

NRS 440.140 Preparation and issuance of instructions; use of other forms and blanks prohibited. The Board shall prepare and issue such detailed instructions as may be required to procure the uniform observance of this chapter and the maintenance of a perfect system of registration, and no forms or blanks other than those so prepared shall be used.

NRS 440.220 Certificates of birth and death: Enforcement of requirements by local health officer.

2. If any certificate of birth is incomplete, the local health officer shall immediately notify the informant, and require him to supply the missing items if they can be obtained.

NRS 440.280 Duty of registering birth: Persons required to file; time for filing; required information.

to the fact of birth within the required 72 hours, the person in charge of the hospital or his designated representative shall complete and sign the certification.

(a) The physician in attendance at or immediately after the birth.

(b) Any other person in attendance at or immediately after the birth.

(c) The father, mother or, if the father is absent and the mother is incapacitated, the person in charge of the premises where the birth occurred.

3. If a birth occurs in a moving conveyance, the place of birth is the place where the child is removed from the conveyance.

4. In cities, the certificate of birth must be filed sooner than 10 days after the birth if so required by municipal ordinance or regulation.

5. If the mother was:

(a) Married at the time of birth, the name of her husband must be entered on the certificate as the father of the child unless:

(1) A court has issued an order establishing that a person other than the mother´s husband is the father of the child; or

(2) The mother and a person other than the mother´s husband have signed an affidavit for the voluntary acknowledgment of paternity developed by the Board pursuant to NRS 440.283.

(b) Widowed at the time of birth but married at the time of conception, the name of her husband at the time of conception must be entered on the certificate as the father of the child unless:

(1) A court has issued an order establishing that a person other than the mother´s husband at the time of conception is the father of the child; or

(2) The mother and a person other than the mother´s husband at the time of conception have signed an affidavit for the voluntary acknowledgment of paternity developed by the Board pursuant to NRS 440.283.

6. If the mother was unmarried at the time of birth, the name of the father may be entered on the original certificate of birth only if:

(a) The provisions of paragraph (b) of subsection 5 are applicable;

(b) A court has issued an order establishing that the person is the father of the child; or

7. An order entered or an affidavit executed pursuant to subsection 6 must be submitted to the local health officer, his authorized representative, or the attending physician or midwife before a proper certificate of birth is forwarded to the State Registrar. The order or affidavit must then be delivered to the State Registrar for filing. The State Registrar´s file of orders and affidavits must be sealed and the contents of the file may be examined only upon order of a court of competent jurisdiction or at the request of the father or mother or the welfare division of the department of human resources as necessary to carry out the provisions of 42 U.S.C. § 654a. The local health officer shall complete the original certificate of birth in accordance with subsection 6 and other provisions of this chapter.

8. As used in this section, "court" has the meaning ascribed to it in NRS 125B.004.

NRS 440.340 Registration of stillborn children.

1. Stillborn children or those dead at birth shall be registered as a stillbirth and a certificate of stillbirth shall be filed with the local health officer in the usual form and manner.

2. The medical certificate of the cause of death shall be signed by the attending physician, if any.

NRS 440.380 Medical certificate of death: Signature; contents.

1. The medical certificate of death must be signed by the physician, if any, last in attendance on the deceased, or pursuant to regulations

adopted by the Board, it may be signed by the attending physician´s associate physician, the chief medical officer of the hospital or institution in which the death occurred, or the pathologist who performed an autopsy upon the deceased. The person who signs the medical certificate of death shall specify:

(a) The social security number of the deceased.

(b) The hour and day on which the death occurred.

NRS 440.415 Pronouncement of death by registered nurse: Conditions; release of body; regulations.

1. A physician who anticipates the death of a patient because of an illness, infirmity or disease may authorize a specific registered nurse or the registered nurses employed by a medical facility to make a pronouncement of death if they attend the death of the patient.

2. Such an authorization is valid for 120 days. Except as otherwise provided in subsection 3, the authorization must:

(a) Be a written order entered on the chart of the patient;

(b) State the name of the registered nurse or nurses authorized to make the pronouncement of death; and

3. If the patient is in a medical facility, the physician may authorize the registered nurses employed by the facility to make pronouncements of death without specifying the name of each nurse.

4. If a pronouncement of death is made by a registered nurse, the physician who authorized that action shall sign the medical certificate of death within 24 hours after being presented with the certificate.

5. If a patient in a medical facility is pronounced dead by a registered nurse employed by the facility, the registered nurse may release the body of the patient to a licensed funeral director pending the completion of the medical certificate of death by the attending physician if the physician or the medical director or chief of the medical staff of the facility has authorized the release in writing.

6. The Board may adopt regulations concerning the authorization of a registered nurse to make pronouncements of death.

7. As used in this section:

(a) "Medical facility" means:

(1) A facility for skilled nursing as defined in NRS 449.0039;

(2) A freestanding facility for hospice care as defined in NRS 449.006;

(3) A hospital as defined in NRS 449.012;

(4) An agency to provide nursing in the home as defined in NRS 449.0015; or

(5) A facility for intermediate care as defined in NRS 449.0038.

(b) "Pronouncement of death" means a declaration of the time and date when the cessation of the cardiovascular and respiratory functions of a patient occurs as recorded in the patient´s medical record by the attending provider of health care in accordance with the provisions of chapter 440 of NRS.

NRS 440.430 Duties of coroner.

(a) The means of death; and

(b) Whether (probably) accidental, suicidal or homicidal.

2. In either case, the coroner shall furnish such information as may be required by the board in order to classify the death properly.

NRS 440.433 Notice to parents or guardian of autopsy upon body of minor; placement of internal organs.

1. When an autopsy is performed upon the body of a minor, the person who orders the autopsy shall make a diligent effort to give the parents or guardian of the minor notice of the autopsy in person, by telephone or by mail.

2. The internal organs must, if feasible, be kept with the body after such an autopsy is completed.

NRS 440.540 Necessity for permit to inter more than 72 hours after death; removal of body to another registration district.

1. Except as provided in subsection 2, the body of any person whose death occurs in this state shall not be interred, deposited in a vault or tomb, cremated or otherwise disposed of, removed from or into any registration district, or be held temporarily pending a further disposition more than 72 hours after death, until a permit for burial or removal or other disposition thereof has been properly issued by the local health officer of the registration district in which the death occurred.

2. If the person who is to certify the cause of death consents, a body may be moved from the place of death into another registration district to be prepared for final disposition.

NRS 440.720 Neglect or refusal of physician to execute medical certificate of death. Any physician who was in medical attendance upon any deceased person at the time of death who neglects or refuses to make out and deliver to the funeral director, sexton or other person in charge of the interment, removal or other disposition of the body, upon request, the medical certificate of the cause of death shall be punished by a fine of not more than $250.

NRS 440.730 False certification of cause of death by physician. If any physician knowingly makes a false certification of

the cause of death in any case, he shall be punished by a fine of not more than $250.

NRS 440.735 Signature of uncompleted certificate of death. It is unlawful for any person to affix his signature to an

uncompleted death certificate.

NRS 440.740 Failure or refusal to file certificate of birth with local health officer. Any physician or midwife in attendance upon a case of confinement or any person charged with responsibility for reporting births who neglects or refuses to file a proper certificate of birth with the local health officer within the time required by law shall be punished by a fine of not more than $250.

NRS 440.780 Violation of chapter or regulations of board.

Every person violating any of the provisions of this chapter or refusing or neglecting to obey any lawful order, rule or regulation of the board shall be guilty of a misdemeanor.

NRS 441A.150 Reporting occurrences of communicable diseases to health authority.

1. A provider of health care who knows of, or provides services to, a person who has or is suspected of having a communicable disease shall report that fact to the health authority in the manner prescribed by the regulations of the Board. If no provider of health care is providing

services, each person having knowledge that another person has a communicable disease shall report that fact to the health authority in the manner prescribed by the regulations of the Board.

2. A medical facility in which more than one provider of health care may know of, or provide services to, a person who has or is suspected of having a communicable disease shall establish administrative procedures to ensure that the health authority is notified.

3. A laboratory director shall, in the manner prescribed by the Board, notify the health authority of the identification by his medical laboratory of the presence of any communicable disease in the jurisdiction of that health authority. The health authority shall not presume a diagnosis of a communicable disease on the basis of the notification received from the laboratory director.

4. If more than one medical laboratory is involved in testing a specimen, the laboratory that is responsible for reporting the results of the testing directly to the provider of health care for the patient shall also be responsible for reporting to the health authority.

NRS 441A.190 Control of disease within schools, child care facilities, medical facilities and correctional facilities.

1. Except as otherwise provided in this subsection, a health authority who knows of the presence of a communicable disease within a school, child care facility, medical facility or correctional facility shall notify the principal, director or other person in charge of the school, child care

facility, medical facility or correctional facility of that fact and direct what action, if any, must be taken to prevent the spread of the disease. A health authority who knows of the presence of the human immunodeficiency virus within a school shall notify the superintendent of the

school district of that fact and direct what action, if any, must be taken to prevent the spread of the virus.

2. Except as otherwise provided in this subsection, the principal, director or other person in charge of a school, child care facility, medical facility or correctional facility who knows of or suspects the presence of a communicable disease within the school, child care facility, medical facility or correctional facility, shall notify the health authority pursuant to the regulations of the Board. If a principal of a school knows of the presence of the human immunodeficiency virus within the sch Nool, he shall notify the superintendent of the school district of that fact. A superintendent of a school district who is notified of or knows of the presence of the human immunodeficiency virus within a school in the school district shall notify the health authority of that fact. The health authority shall investigate a report received pursuant to this subsection to determine whether a communicable disease or the human immunodeficiency virus is present and direct what action, if any, must be taken to prevent the spread of the disease or virus.

3. A parent, guardian or person having custody of a child who has a communicable disease shall not knowingly permit the child to attend school or a child care facility if the Board, by regulation, has determined that the disease requires exclusion from school or a child care facility.

NRS 441A.210 Rights and duties of person who depends exclusively on prayer for healing. A person who has a communicable disease and depends exclusively on prayer for healing in accordance with the tenets and precepts of any recognized religious sect, denomination or organization is not required to submit to any medical treatment required by the provisions of this chapter, but may be isolated or quarantined in his home or other place of his choice acceptable to the health authority, and shall comply with all applicable rules, regulations and orders issued by the health authority.

NRS 441A.260 Provision of medical supplies and financial aid for treatment of indigent patients. If a person in this state who has a sexually transmitted disease is, in the discretion of the health division, unable to afford approved treatment for the disease, the health division may provide medical supplies or direct financial aid to any physician, clinic or dispensary in this state, within the limits of the available appropriations and any other resources, to be used in his treatment. A physician, clinic or dispensary that accepts supplies or aid pursuant to this section shall comply with all conditions prescribed by the Board relating to the use of the supplies or aid.

NRS 441A.270 Instruction of patients on prevention and treatment of disease. A physician, clinic or dispensary providing treatment to a person who has a sexually transmitted disease shall instruct him in the methods of preventing the spread of the disease and in the necessity of systematic and prolonged treatment.

NRS 441A.280 Procedure to ensure that infected person receives adequate treatment. A physician who, or clinic or dispensary which, determines that a person has a sexually transmitted disease shall encourage and, if necessary, attempt to persuade him to submit to medical treatment. Except as otherwise provided in NRS 441A.210, if the person does not submit to treatment, or does not complete the prescribed course of treatment, the physician, clinic or dispensary shall notify the health authority who shall take action to ensure that the person receives adequate treatment for the disease.

NRS 441A.290 Infected person to report source of infection. A person who has a sexually transmitted disease shall, upon request, inform the health authority of the source or possible source of the infection.

NRS 441A.360 Provision of medical supplies and financial aid for treatment of indigent patients. If a person in this state who has tuberculosis is, in the discretion of the health division, unable to afford approved treatment for the disease, the health division may provide medical supplies or direct financial aid, within the limits of the available appropriations, to be used in his treatment, to any physician, clinic, dispensary or medical facility. A physician, clinic, dispensary or medical facility that accepts supplies or aid pursuant to this section shall comply with all conditions prescribed by the Board relating to the use of

the supplies or aid.

NRS 441A.380 Treatment of patient for condition related to or as necessary for control of tuberculosis. Except as otherwise provided in NRS 441A.210, a person who has tuberculosis and is confined to a hospital or other institution pursuant to the provisions of this chapter must be treated for tuberculosis and any related condition, and may be treated for any other condition which the health division determines is detrimental to his health and the treatment of whic h is necessary for the effective control of tuberculosis.

NRS 441A.400 Inspection of records of facility where patients are treated. The health division may inspect and must be given access to all records of every institution and clinic, both public and private, where patients who have tuberculosis are treated at public expense.

NRS 457.020 Definitions. As used in this chapter, unless the context requires otherwise:

1. "Cancer" means all malignant neoplasms, regardless of the tissue of origin, including malignant lymphoma and leukemia.

2. "Health care facility" has the meaning ascribed to it in NRS 449.800 and also includes freestanding facilities for plastic reconstructive, oral and maxillofacial surgery.

3. "Health division" means the health division of the department of human resources.

NRS 457.160 Prohibition against use by person enjoined of new medicine or device before submission for

investigation and testing. No person or association against whom an injunction has been issued under NRS 457.150 may use any new or unapproved drug, medicine, compound or device in the diagnosis, treatment or cure of cancer unless such drug, medicine, compound or device has been first submitted to the health division for investigation and testing.

NRS 457.210 Penalty for false representation of device, substance or treatment as effective to arrest or cure cancer. Every person convicted of willfully and falsely representing a device, substance or treatment as effective to arrest or cure cancer is guilty of a misdemeanor.

NRS 457.230 Establishment and maintenance of system for reporting information; objectives; persons required to report information.

1. The State Health Officer shall, pursuant to the regulations of the State Board of Health, establish and maintain a system for the reporting of information on cancer.

2. The system must include a record of the cases of cancer which occur in this state along with such information concerning the cases as may be appropriate to form the basis for:

(a) The conducting of comprehensive epidemiologic surveys of cancer and cancer‑related diseases in this state; and

(b) The evaluation of the appropriateness of measures for the prevention and control of cancer.

3. Hospitals, medical laboratories and other facilities that provide screening, diagnostic or therapeutic services to patients with respect to cancer shall report information on cases of cancer to the system.

4. Physicians who diagnose or provide treatment for cancer, except for cases directly referred or previously admitted to a hospital, medical laboratory or other facility described in subsection 3, shall report information on cases of cancer to the system.

5. As used in this section, "medical laboratory" has the meaning ascribed to it in NRS 652.060.

NRS 457.240 Regulations of State Board of Health. The State Board of Health shall by regulation:

1. Prescribe the form and manner in which the information on cases of cancer must be reported;

2. Specify the malignant neoplasms which must be reported;

3. Prescribe other information to be included in each such report, for example, the patient´s name and address, the pathological findings, the stage of the disease, the environmental and occupational factors, the methods of treatment, the incidence of cancer in the patient´s family, and

the places where the patient has resided; and

4. Establish a protocol for obtaining access to and preserving the confidentiality of the patients´ records needed for research into cancer.

NRS 457.250 Records of health care facility: Availability to State Health Officer; abstracting of information; fees; penalty.

1. The chief administrative officer of each health care facility in this state shall make available to the State Health Officer or his representative the records of the health care facility for every case of malignant neoplasms which are specified by the State Board of Health as subject to reporting.

2. The health division shall abstract from the records of the health care facility or shall require the health care facility to abstract from their own records such information as is required by the State Board of Health.

3. The Board shall by regulation adopt a schedule of fees which must be assessed to the health care facility for each case from which information is abstracted by the health division or by the health care facility pursuant to subsection 2. The fee assessed to a facility which abstracts information from its own records must not exceed one‑third of the amount assessed to facilities for which the health division abstracts.

4. Any person who violates this section is guilty of a misdemeanor.

NRS 483.790 Definitions. As used in NRS 483.800:

1. "Blind person" means any person whose visual acuity with correcting lenses does not exceed 20/200 in the better eye, or whose vision in the better eye is restricted to a field which subtends an angle of not greater than 20°°.

2. "Night-blind person" means a person afflicted with nyctalopia.

3. "Severely visually impaired person" means any person whose visual acuity with correcting lenses does not exceed 20/70 in the better eye, or whose vision in the better eye is restricted to a field which subtends an angle of not greater than 30°°, or whose vision is impaired to such an extent that it materially limits, contributes to limiting or, if not corrected, will probably result in limiting the individual's activities of functioning.

(Added to NRS by 1973, 1522)

NRS 483.800 Information to be furnished to department; establishment of registry; regulations; maintenance of file; confidential information; penalty.

1. The following sources shall submit, within 30 days after learning such information, to the department the name, address, birth date, social security number, visual acuity and any other information which may be required by regulation of the department, of persons who are blind or night -blind or whose vision is severely impaired and shall designate whether the person is blind, night -blind or has severely impaired vision:

(a) Hospitals, medical clinics and similar institutions which treat persons who are blind, night -blind or whose vision is severely impaired; and

(b) Agencies of the state and political subdivisions which provide special tax consideration for blindness.

2. When any source described in subsection 1 learns that vision has been restored to any person whose name appears in the registry established pursuant to subsection 3, the fact of restoration of vision must be reported to the registry within 30 days after learning of that fact.

3. The department may establish a registry for the purposes of this section and adopt regulations governing reports to and operation of the registry.

4. The department shall maintain a file of the names, addresses, birth dates and social security numbers of persons who are blind or night -blind or whose vision is severely impaired.

5. All information learned by the department pursuant to this section is confidential and any person who, without the consent of the person concerned, reveals that information for purposes other than those specified in this section, or other than for administration of the program for supplemental security income, including state supplementary assistance pursuant to chapter 422 of NRS, or services to the blind pursuant to NRS 426.520 to 426.610, inclusive, is guilty of a misdemeanor.

(Added to NRS by 1973, 1522; A 1975, 1013; 1981, 1912; 1985, 1941; 1993, 2068)

NRS 629.041 Provider of health care to report persons having certain injuries.

Every provider of health care to whom any person comes or is brought for treatment of an injury which appears to have been inflicted by means of a firearm or knife, not under accidental circumstances, shall promptly report the person’s name, if known, his location and the character and extent of the injury to an appropriate law enforcement agency.

NRS 630.254 Active licensees: Report of change of location or close of office located in state; location of records.

1. Any licensee who changes the location of his office in this state shall notify the board of the change before practicing at the new location.

2. Any licensee who closes his office in this state shall:

(a) Notify the board of this occurrence within 14 days after the closure; and

(b) For a period of 5 years thereafter keep the board apprised of the location of the medical records of his patients.

NRS 630.306 Grounds for initiating disciplinary action or denying licensure: Inability to practice medicine; deceptive conduct; violation of statute or regulation governing practice of medicine; unlawful distribution of controlled substance; injection of silicone; practice beyond scope of license; practicing experimental medicine without consent of patient; lack of skill or diligence; filing of false report; habitual intoxication; failure to report modification of license in another jurisdiction.

The following acts, among others, constitute grounds for initiating disciplinary action

or denying licensure:

1. Inability to practice medicine with reasonable skill and safety because of illness, a mental or physical condition or the use of alcohol, drugs, narcotics or any other substance.

2. Engaging in any conduct:

(a) Which is intended to deceive;

(b) Which the board has determined is a violation of the standards of practice established by regulation of the board; or

3. Administering, dispensing or prescribing any controlled substance, or any dangerous drug as defined in chapter 454 of NRS, to or for himself or to others except as authorized by law.

4. Performing, assisting or advising the injection of any substance containing liquid silicone into the human body, except for the use of silicone oil to repair a retinal detachment.

5. Practicing or offering to practice beyond the scope permitted by law or performing services which the licensee knows or has reason to know that he is not competent to perform.

6. Performing, without first obtaining the informed consent of the patient or his family, any procedure or prescribing any therapy which by the current standards of the practice of medicine are experimental.

7. Continual failure to exercise the skill or diligence or use the methods ordinarily exercised under the same circumstances by physicians in good standing practicing in the same specialty or field.

8. Making or filing a report which the licensee or applicant knows to be false or failing to file a record or report as required by law or regulation.

9. Failing to comply with the requirements of NRS 630.254.

10. Habitual intoxication from alcohol or dependency on controlled substances.

11. Failure by a licensee or applicant to report, within 30 days, the revocation, suspension or surrender of his license to practice medicine in another jurisdiction.

12. Failure to be found competent to practice medicine as a result of an examination to determine medical competency pursuant to NRS 630.318.

NRS 630.3062 Grounds for initiating disciplinary action or denying licensure: Failure to maintain proper medical records; altering medical records; making or causing false report; failure to allow inspection and copying of medical records; failure to report claim for

malpractice or negligence; failure to report other person in violation of chapter or regulations.

The following acts, among others, constitute grounds for initiating disciplinary action or denying licensure:

1. Failure to maintain medical records relating to the diagnosis, treatment and care of a patient.

2. Altering medical records of a patient.

3. Making or filing a report which the licensee knows to be false, failing to file a record or report as required by law or willfully obstructing or inducing another to obstruct such filing.

4. Failure to make the medical records of a patient available for inspection and copying as provided in NRS 629.061.

5. Failure to report any claim for malpractice or negligence filed against the licensee and the subsequent disposition thereof within 90 days after the:

(a) Claim is filed; and

(b) Disposition of the claim.

6. Failure to report any person the licensee knows, or has reason to know, is in violation of the provisions of this chapter or the regulations of the board.

NRS 630.307 Filing of complaint; reporting of information concerning competence of physician.

1. Any person, medical school or medical facility that becomes aware that a person practicing medicine in this state has, is or is about to become engaged in conduct which constitutes grounds for initiating disciplinary action shall file a written complaint with the board.

2. Any hospital, clinic or other medical facility licensed in this state, or medical society, shall report to the board any change in a physician’s privileges to practice medicine while the physician is under investigation and the outcome of any disciplinary action taken by that facility or society against the physician concerning the care of a patient or the competency of the physician.

3. The clerk of every court shall report to the board any finding, judgment or other determination of the court that a physician:

(a) Is mentally ill;

(b) Is mentally incompetent;

(d) Is guilty of abuse or fraud under any state or federal program providing medical assistance; or

(e) Is liable for damages for malpractice or negligence.

NEVADA ADMINISTRATIVE CODE referenced

NAC 440.160 Certification of cause of death.

1. The person who is required to certify the cause of death shall complete the portions of the death certificate pertaining to the cause of death and the certification of death and return the certificate to the undertaker or person acting as undertaker who presented it to him within 48 hours after such presentation.

2. If the death did not occur in a hospital or other institution and the death was attended by a physician who will not be available within 48 hours after the death, the certificate must be presented to an associate physician who has access to the attending physician´s medical files on the deceased. The associate physician shall complete and return the death certificate.

3. If the death occurred in a hospital or other institution and the death was attended by a physician who will not be available within 48 hours after the death, the certificate must be presented to the chief medical officer of the institution or an associate physician who has access to the medical records of the deceased. The chief medical officer or associate physician shall complete and return the death certificate.

NAC 440.180 Death not attended. (NRS 439.200, 440.120) If the deceased had been under a physician’’s care under the conditions set forth in NAC 440.170, but the cause of death was unrelated to the purpose for which the deceased consulted the physician, the death shall not be considered to have been attended and must be referred to the local health officer.

[Bd. of Health, Births and Deaths Art. 8 8.2 & 8.2.1, eff. 7-3-76]——(NAC A by R045-99, 9-27-99)

NAC 441A.015 "Active tuberculosis" defined. "Active tuberculosis" means unhealed pathological changes in the tissues of the body as may be demonstrated by the recovery of tubercle bacilli from the tissues.

NAC 441A.040 "Communicable disease" defined. "Communicable disease" includes:

1. Acquired immune deficiency syndrome (AIDS).

2. Amebiasis.

3. Animal bite from a rabies-susceptible species.

4. Anthrax.

5. Botulism, foodborne.

6. Botulism, infant.

7. Botulism, wound.

8. Botulism, other.

9. Brucellosis.

10. Campylobacteriosis.

11. Chancroid.

12. Chlamydia trachomatis infection of the genital tract.

13. Cholera.

14. Coccidioidomycosis.

15. Cryptosporidiosis.

16. Diphtheria.

17. E. coli 0157:H7.

18. Encephalitis.

19. Extraordinary occurrence of illness.

20. Foodborne disease outbreak.

21. Giardiasis.

22. Gonococcal infection.

23. Granuloma inguinale.

24. Haemophilus influenzae type b invasive disease.

25. Hansen’’s disease (leprosy).

26. Hantavirus.

27. Hemolytic-uremic syndrome (HUS).

28. Hepatitis A.

29. Hepatitis B.

30. Hepatitis C.

31. Hepatitis delta.

32. Hepatitis, unspecified.

33. Human immunodeficiency virus infection (HIV).

34. Influenza.

35. Legionellosis.

36. Leptospirosis.

37. Listeriosis.

38. Lyme disease.

39. Lymphogranuloma venereum.

40. Malaria.

41. Measles (rubeola).

42. Meningitis.

43. Meningococcal disease.

44. Mumps.

45. Pertussis.

46. Plague.

47. Poliomyelitis.

48. Psittacosis.

49. Q fever.

50. Rabies, human or animal.

51. Relapsing fever.

52. Respiratory syncytial virus infection.

53. Rocky Mountain spotted fever.

54. Rotavirus infection.

55. Rubella (including congenital rubella syndrome).

56. Salmonellosis.

57. Severe reaction to immunization.

58. Shigellosis.

59. Syphilis (including congenital syphilis).

60. Tetanus.

61. Toxic shock syndrome.

62. Trichinosis.

63. Tuberculosis.

64. Tularemia.

65. Typhoid fever.

66. Yersiniosis.

(Added to NAC by Bd. of Health, eff. 1-24-92; A 3-28-96)

NAC 441A.110 "Health care provider" defined. "Health care provider" means a physician, nurse, physician´s assistant, or

veterinarian licensed in accordance with state law.

NAC 441A.180 "Suspected case" defined. "Suspected case" means a person or animal who, based on clinical signs and

symptoms or on laboratory evidence, is considered by a health care provider to possibly have:

1. Foodborne botulism;

2. Diphtheria;

3. Extraordinary occurrence of illness;

4. Measles;

5. Plague;

6. Rabies (human or animal);

7. Rubella; or

8. Tuberculosis, or is considered to be part of a foodborne disease outbreak.

NAC 441A.200 List of adopted recommendations, guidelines, and definitions; review of revision or amendment of

adopted recommendation, guideline, or definition.

1. The following recommendations, guidelines, and definitions are adopted by reference:

(a) The standard procedures to prevent transmission of disease by contact with blood or other body fluids as recommended

by the Centers for Disease Control set forth in "Morbidity and Mortality Weekly Report" [37(24):378‑88, June 24, 1988],

published by the Department of Health and Human Services and available for purchase, at the cost of $1, from Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402‑9325.

(b) "Centers for Disease Control Guidelines for Isolation Precautions in Hospitals," published by the Department of Health and Human Services and available for purchase, at the cost of $18.95, from National Technical Information Service, United States Department of Commerce, 5285 Port Royal Road, Springfield, Virginia 22161.

(c) The recommended guidelines for the investigation, prevention, suppression, and control of communicable disease of the Centers for Disease Control´s Advisory Committee on Immunization Practices, set forth in "Morbidity and Mortality Weekly Report" [38(13):205‑214 & 219‑227, April 7, 1989], as revised or supplemented in:

(1) "Morbidity and Mortality Weekly Report" [38(22):388‑ 392 & 397‑400, June 9, 1989];

(2) "Morbidity and Mortality Weekly Report" [38(S‑9), December 29, 1989];

(3) "Morbidity and Mortality Weekly Report" [39(RR‑2):1‑ 26, February 9, 1990];

(4) "Morbidity and Mortality Weekly Report" [39(RR‑ 15):1‑18, November 23, 1990];

(5) "Morbidity and Mortality Weekly Report" [40(RR‑1):1‑ 7, January 11, 1991];

(6) "Morbidity and Mortality Weekly Report" [40(RR‑3):1‑ 19, March 22, 1991];

(7) "Morbidity and Mortality Weekly Report" [40(RR‑6):1‑ 15, May 24, 1991];

(8) "Morbidity and Mortality Weekly Report" [40(RR‑10), August 8, 1991],

each of which is published by the Department of Health and Human Services and available for purchase, at the cost of $1, from Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402‑9325.

(d) The recommended guidelines for the investigation, prevention, suppression, and control of communicable diseases

contained in "Control of Communicable Disease in Man," published by the American Public Health Association and

available for purchase, at the cost of $15 plus $2 postage and handling, from American Public Health Association, 1015

Fifteenth Street, Washington, D.C. 20005.

(e) The recommended guidelines for the investigation, prevention, suppression, and control of communicable diseases

contained in "The report of the Committee on Infectious Diseases of the American Academy of Pediatrics (Red Book),"

published by the American Academy of Pediatrics and available for purchase, at the cost of $50 plus $7.95 postage and

handling, from American Academy of Pediatrics, Publications Division, 141 Northwest Point Boulevard, P.O. Box 927, Elk Grove Village, Illinois 90009‑0927.

(f) The recommendations for the testing, treatment, prevention, suppression, and control of chancroid, Chlamydia trachomatis, gonococcal infection, granuloma inguinale, lymphogranuloma venereum, and infectious syphilis as are specified in "Sexually Transmitted Diseases Treatment Guidelines," set forth in "Morbidity and Mortality Weekly Report" [38(S‑8), September 1, 1989], and available for purchase, at the cost of $1, from Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402‑9325.

(g) The recommendations for the counseling of and effective therapy for a person having active tuberculosis or tuberculosis infection of the American Thoracic Society and the American Lung Association set forth in "Tuberculosis: What the Physician Should Know," and available, free of charge, from American Lung Association of Nevada, P.O. Box 7058, Reno, Nevada, 89510.

(h)The recommendations of the Centers for Disease Control for preventing the transmission of tuberculosis in facilities providing health care set forth in "Guidelines for Preventing the Transmission of Tuberculosis in Health‑Care Settings, with Special Focus on HIV‑Related Issues," and available for purchase, at the cost of $1, from Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402‑9325.

(i)The definition of "case" or "suspected case" set forth in "Case Definitions for Public Health Surveillance," a publication of the Department of Health and Human Services, and available for purchase, at the cost of $1, from Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402‑9325.

2.The State Health Officer shall review any revision or amendment of a recommendation, guideline, or definition specified in paragraphs (a) to (i), inclusive, of subsection 1, to determine whether the revision or amendment made to the recommendation, guideline, or definition is appropriate for application in this state. For the purpose of enforcing the provisions of this chapter, a revision or amendment of a recommendation, guideline, or definition specified in paragraphs (a) to (i), inclusive, of subsection 1, is effective in this state 10 days after its revision or amendment unless the State Health Officer files an objection to the amendment or revision of the recommendation, guideline, or definition with the State Board of Health.

NAC 441A.225 Reporting of case, suspected case, carrier, animal rabies, or animal bite by a rabies‑susceptible animal:

General requirements.

1. Except as otherwise provided in this section, a report of a case, suspected case, or carrier, which is required to be made pursuant to the provisions of this chapter, must be made to the health authority:

(a) Within 24 hours after identifying the case, suspected case, or carrier; or

(b) During the regular business hours of the health authority on the first working day following the identification of the case, suspected case, or carrier.

2. Upon discovering a case having:

(a) An animal bite by a rabies‑susceptible animal;

(b) Foodborne botulism;

(d) Meningococcal disease;

(e) Plague; or

(f) Rabies, or that is part of a foodborne disease outbreak, the report must be made to the health authority within 24 hours after identifying the case, using the after‑hours reporting system if the report is made at a time other than during the regular business hours of the health authority.

3. Upon discovering a suspected case considered possibly to have:

(a) Foodborne botulism;

(b) Extraordinary occurrence of illness;

(d) Rabies, or considered possibly to be part of a foodborne disease outbreak, the report must be made to the health authority within 24 hours after identifying the suspected case, using the after‑hours reporting system if the report is made at a time other than during the regular business hours of the health authority.

4. A report to the health authority must be made by telephone, telecopy, electronic communication, or on an official report form furnished by the division.

5. A report of animal rabies or an animal bite by a rabies‑susceptible animal must be made to the rabies control authority.

NAC 441A.350 Health care provider to report certain cases and suspected cases within 24 hours of discovery. A health

care provider shall notify the health authority within 24 hours of discovery of any case having active tuberculosis or any

suspected case considered to have active tuberculosis who fails to submit to medical treatment or who discontinues or fails to

complete an effective course of medical treatment.

NAC 441A.360 Cases and suspected cases: Prohibited acts; duties; discharge from medical supervision.

1. A case having tuberculosis or a suspected case considered to have tuberculosis shall not work in a sensitive occupation or attend a child care facility or school unless determined to be noninfectious by the health authority.

2. A case having tuberculosis or a suspected case considered to have tuberculosis shall not act in a manner which is likely to transmit tuberculosis and shall submit to medical evaluation, treatment and isolation as ordered by the health authority.

3. A case having tuberculosis or a suspected case considered to have tuberculosis shall, upon request by his health care provider or the health authority, report the source of his infection and information about any previous treatment for tuberculosis.

4. A case having tuberculosis or a suspected case considered to have tuberculosis shall comply with all rules and regulations issued by the State Board of Health and all orders issued by the health authority.

5. A case having tuberculosis or a suspected case considered to have tuberculosis may be discharged from medical supervision only after determined to be cured by the health authority.

(Added to NAC by Bd. of Health, eff. 1-24-92)

NAC 441A.390 Treatment of case or suspected case by health care provider. A health care provider shall treat a case having

active tuberculosis or tuberculosis infection or a suspected case considered to have active tuberculosis or tuberculosis infection

with a chemotherapeutic regimen approved by the health authority.

NAC 441A.775 Sexually transmitted disease defined for purpose of NRS. As used in NRS 441A.240 to 441A.330,

inclusive, "sexually transmitted disease" means a bacterial, viral, fungal, or parasitic disease which may be transmitted through

sexual contact, including, but not limited to:

1. Acquired immune deficiency syndrome (AIDS).

2. Acute pelvic inflammatory disease.

3. Chancroid.

4. Chlamydia trachomatis infection of the genital tract.

5. Genital herpes simplex.

6. Genital human papilloma virus infection.

7. Gonorrhea.

8. Granuloma inguinale.

9. Hepatitis B infection.

10. Human immunodeficiency virus infection (HIV).

11. Lymphogranuloma venereum.

12. Nongonococcal urethritis.

13. Syphilis.

NAC 457.040 Types of malignant neoplasms to be reported. (NRS 439.200, 457.065, 457.240) Except as otherwise

provided in NAC 457.045, the types of malignant neoplasms which must be reported pursuant to NRS 457.240 may be found in full text through www.leg.state.nv.us/NAC

NAC 457.045 Exceptions to reporting procedure. (NRS 439.200, 457.065, 457.240)

Carcinoma in situ of the cervix and noninvasive basal and squamous cell carcinomas of the skin are not required to be reported

pursuant to NAC 457.040.

NAC 457.057 Reporting of information by physician. (NRS 439.200, 457.065, 457.240)

1. Except as otherwise provided in subsection 3, a physician who has a case in which he diagnoses a patient as having cancer

or provides treatment to a patient with cancer shall, within 10 working days after the date of the diagnosis or the date of the

first treatment, provide information to the State Health Officer concerning the case on a form prescribed by the state health

officer or his designee, or by an electronic means approved by the State Health Officer or his designee.

2. Information provided by a physician pursuant to subsection 1 must include, without limitation:

(a) The name, address, date of birth, gender, race or ethnicity, and social security number of the patient;

(b) The name and the address or telephone number of the physician making the report;

(d) Any other relevant information from the pathology report, including, without limitation:

(1) The anatomical site of the lesion;

(2) The size of the lesion;

(3) The stage of the disease and the grade of tumor;

(4) The lesion margin status, if available; and

(5) Lymphatic involvement, if available.

3. A physician is not required to provide information pursuant to this section if the patient is directly referred to or has been

previously admitted to a hospital, medical laboratory or other facility which is required to report similar information pursuant to

this chapter.

NAC 457.070 Procedures for maintaining confidentiality of information. (NRS 439.200, 457.065, 457.240) Each

employee of the health division who has access to confidential information of the registry shall comply with the following

procedures for maintaining the confidentiality of that information:

1. All files containing confidential information, including, without limitation, the indexes for access to other files, must be locked

when not in use.

2. All files on a computer containing confidential information, including, without limitation, the indexes for access to other files,

must be closed and protected by password when not in use.

3. Passwords created pursuant to subsection 2 must be changed at least every 30 days.

4. All documents containing confidential information must be out of sight when an employee is away from his desk.

5. Keys to the office of the registry may be issued to and used only by employees so authorized by the State Health Officer.

6. The doors to the registry must be locked at all times when the office is vacant.

EPILEPSY/LAPSES OF CONSCIOUSNESS

Reporting requirements NAC 483.330

NAC 483.370

Reporting forms NAC 483.310

BLINDNESS AND VISUAL IMPAIRMENT

Definitions NRS 483.790

Reporting requirements NRS 483.800

NAC 483.310 Examination of applicant or licensee. (NRS 481.051, 483.220)

1. If a representative of the department has good cause to believe that an applicant is afflicted with or suffering from any physical or mental disability or disease which may prevent the applicant from operating a motor vehicle safely or which makes such operation hazardous to public safety, the department may require physical or mental examinations and reports by a licensed physician, psychiatrist, psychologist, certified drug and alcohol counselor or any other competent authority acceptable to the department. The cost of the examination must be borne by the person whose fitness to operate a motor vehicle safely is in question. The applicant must submit a medical report to the department that is completed and signed by his physician. The medical report must indicate whether the condition of the applicant and any medication prescribed for the applicant would affect his ability to operate a motor vehicle safely. The report must be submitted within 30 days after the date of the physical or mental examination.

2. The department will include, as part of the application for a driver’’s license, renewal or permit, questions as to the existence of physical or mental conditions which may impair the ability of the applicant to operate a motor vehicle safely or which make such operation hazardous to the public safety. These questions must be answered by each applicant for a driver’’s license or permit and by each licensee seeking renewal of his driver’’s license.

3. If the answer to any such question indicates the existence of any physical or mental disability which the department determines may prevent him from safely operating a motor vehicle, the department may require an examination of the applicant by a licensed physician or psychiatrist, psychologist, certified drug and alcohol counselor or any other competent authority acceptable to the department as a prerequisite to the issuance of a license or permit. The examination must be completed on a form furnished by or acceptable to the department. The cost of the examination must be borne by the person whose fitness to operate a motor vehicle safely is in question. The medical reports are advisory and are not binding on the department.

4. The department will not issue a license to an applicant before evaluation of the medical report by the department or the medical advisory Board. If the medical report is received within 30 days after the date of the physical or mental examination, or 90 days after the visual examination, the department will evaluate the applicant and will issue or deny the license or instruction permit, with or without restrictions.

5. The department may use the results of any physical or mental examinations or reports only to determine the physical or mental competency of the person for the purpose of revoking, suspending, allowing a voluntary surrender and canceling, denying or issuing a driver’’s license or permit. This information is privileged and may be released only to the person examined, to the attorney of the person examined upon his written release, pursuant to a court order or to the departmental hearing officer upon the person’’s written request for a hearing.

[Dep’’t of Motor Veh., License for Disabled Persons Reg. §§ III, eff. 4 -29 -82]——(NAC A by R015 -97, 11 -14 -97)

Reviser’’s Note.

The regulation of the department of motor vehicles and public safety filed with the secretary of state on November 14, 1997 (LCB File No. R015-97), which amended this section, became effective on that date and contains the following provision not included in NAC:

““The amendatory provisions of this regulation do not apply to a person whose driver’’s license was issued or renewed before the effective date of this regulation [November 14, 1997].””

NAC 483.330 Persons required to submit medical reports; no fee for imposition of medically related restriction. (NRS 481.051, 483.220)

A person who has experienced any of the following physical or medical ailments or any related ailments, and who is applying for or renewing a driver’’s license or who is requested by the department to obtain a medical examination, must submit a written medical report describing the ailment and its effect on the person’’s ability to operate a motor vehicle safely:

1. Any person who experienced a lapse of consciousness occurring within the last 3 years as a result of a condition which can cause a lapse of consciousness, including, without limitation, epilepsy, diabetes, frequently reoccurring fainting or dizzy spells caused by major medical problems and major head injuries or any other injuries or ailments resulting in lapses of consciousness.

2. Any person having a cardiovascular ailment or related ailment occurring within the last 3 years which may interfere with the ability of the person to operate a motor vehicle safely, including, without limitation, myocardial infarction, angina pectoris, coronary insufficiency, thrombosis or any other cardiovascular disease of a variety known to be accompanied by syncope, dyspnea, collapse or congestive cardiac failure.

3. Any person who has a mental, nervous or functional disease or psychiatric disorder which is likely to interfere with his ability to operate a motor vehicle safely.

4. Any person who has an established medical history or clinical diagnosis of rheumatic, arthritic, orthopedic, muscular, neuromuscular or vascular disease which may interfere with his ability to control and operate a motor vehicle safely.

5. Any person who has had three convictions of driving under the influence within the last 4 years.

6. Any person who does not have visual acuity of at least 20/40 (Snellen) in both eyes with corrective lenses.

7. Any person who the examiner has good cause to believe has a medical problem not specified herein which may interfere with the safe operation of a motor vehicle.

The department will not charge a fee to any person who is required to add a restriction to his license as a result of a medical condition.

[Dep’’t of Motor Veh., License for Disabled Persons Reg. V, eff. 4 -29 -82]——(NAC A by R015 -97, 11 -14 -97)

Reviser’’s Note.

““The amendatory provisions of this regulation do not apply to a person whose driver’’s license was issued or renewed before the effective date of this regulation [November 14, 1997].””

NAC 483.370 Denial of license: Physical or mental conditions. (NRS 481.051, 483.220)

If one or more of the following physical or mental conditions exist and there is documented evidence through medical examinations or reports in addition to appropriate departmental evaluations and examinations which indicate the disorder would severely impair the person’’s ability to operate safely a motor vehicle, the department will not issue or renew the license, permit or privilege. The existence of one of these conditions does not automatically preclude the person from obtaining a license if the condition is not severe enough to impair his driving ability:

1. Lapses of consciousness, severe dizziness, fainting spells, head injuries, seizures or any other injuries or ailments resulting in lapses of consciousness, including, without limitation, epilepsy or disorders related to or associated with diabetes. A person suffering from lapses of consciousness or any other disorder as specified above will not be issued a license until he submits to the department a letter signed by his physician which states that:

(a) He has been free of seizures or has not suffered any fainting or dizzy spells or other such disorders for a period of 3 months; or

(b) The seizure or other ailment resulting in the lapse of consciousness was an isolated incident and is unlikely to reoccur.

The letter must also state whether any medication prescribed for the person will interfere with the ability of the person to operate a motor vehicle safely and the date of the most recent seizure or lapse of consciousness.

2. Any cardiovascular ailment or related ailment such as myocardial infarction, angina pectoris, coronary insufficiency, thrombosis or any other disease of a variety known to be accompanied by syncope, dyspnea, collapse or congestive cardiac failure.

3. High blood pressure.

4. Any physical or mental condition which impairs the ability of the person to operate a motor vehicle safely and which:

(a) Affects perception;

(b) Affects consciousness, including, without limitation, epilepsy;

(d) Limits motion, including, without limitation, arthritis, paralysis or amputation.

5. Any respiratory dysfunction.

6. Any rheumatic, arthritic, orthopedic, muscular, neuromuscular or vascular diseases.

7. Inability to meet the minimum levels of acceptable vision established by the motor vehicles branch.

8. Visual acuity obtained with the use of bioptic and telescopic lenses.

[Dep’’t of Motor Veh., License for Disabled Persons Reg. IX, eff. 4 -29 -82]——(NAC A by R015 -97, 11 -14 -97)